Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
12/19/2024
/ Computer Fraud and Abuse Act (CFAA) ,
Counterclaims ,
Defend Trade Secrets Act (DTSA) ,
eBay Test ,
Federal Rules of Civil Procedure ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Permanent Injunctions ,
Preemption ,
Proprietary Information ,
Remedies ,
Standing ,
Statute of Limitations ,
TikTok ,
Trade Secrets ,
Uniform Trade Secrets Acts
On May 11, 2024, the Defend Trade Secrets Act (DTSA) celebrated its eight-year anniversary. The DTSA’s enactment in 2016 marked a turning point in US trade secret protection. It gave parties seeking redress for...more
7/22/2024
/ Artificial Intelligence ,
Boeing ,
Calculation of Damages ,
Defend Trade Secrets Act (DTSA) ,
Extraterritoriality Rules ,
Federal Trade Commission (FTC) ,
HSBC ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Motorola ,
Non-Compete Agreements ,
Trade Secrets ,
Venue ,
Whistleblower Protection Policies ,
Whistleblowers
On June 7, 2024, the Court of Appeals for the DC Circuit in Medical Imaging & Technology Alliance et al. v. Library of Congress et al., No. 23-5067 (D.C. Cir.), vacated an earlier district court decision and held that rules...more
You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely...more
Trade secret identification remains a hot button issue. Notwithstanding years of commentary and a statutory framework for trade secret identification in some states, including California, courts across the country continue to...more